An independent contractor is a person or business who performs services for another person under an express or implied agreement and who is not subject to the other's control, or right to control, the manner and means of performing the services. The person who hires an independent contractor is not liable to others for the acts or omissions of the independent contractor. An independent contractor is distinguished from an employee, who works regularly for an employer. The exact nature of the independent contractor's relationship with the hiring party is important since an independent contractor pays their own Social Security, income taxes without payroll deduction, has no retirement or health plan rights, and often is not entitled to worker's compensation coverage.
There are a number of factors which to consider in making the decision whether people are employees or independent contractors. No one factor is controlling, and the characterization of the relationship by the parties is also not controlling.
One of the most important considerations is the degree of control exercised by the company over the work of the workers. An employer has the right to control an employee. It is important to determine whether the company had the right to direct and control the workers not only as to the results desired, but also as to the details, manner and means by which the results were accomplished. If the company had the right to supervise and control such details of the work performed, and the manner and means by which the results were to be accomplished, an employer-employee relationship would be indicated. On the other hand, the absence of supervision and control by the company would support a finding that the workers were independent contractors and not employees. Whether or not such control was exercised is not the determining factor, it is the right to control which is key.
Another factor to be considered is the connection and regularity of business between the independent contractor and the hiring party. Important factors to be considered are separate advertising, procurement of licensing, maintenance of a place of business, and supplying of tools and equipment by the independent contractor. If the service rendered is to be completed by a certain time, as opposed to an indefinite time period, a finding of an independent contractor status is more likely.
Allegheny Pennsylvania Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document governing the relationship between a real estate salesperson and a loan broker in the Allegheny County area of Pennsylvania. This agreement outlines the terms and conditions of their collaboration, ensuring clarity and protection for both parties involved. In this agreement, the independent contractor status of the real estate salesman is highlighted, emphasizing that they are not an employee but rather an independent entity working on a contract basis. It establishes the obligations and responsibilities of the real estate salesman and the loan broker, ensuring transparency and professionalism in their dealings. Keywords: Allegheny Pennsylvania, real estate salesman, independent contractor, agreement, real estate loan broker, legally binding, relationship, terms and conditions, collaboration, clarity, protection, independent entity, contract basis, obligations, responsibilities, transparency, professionalism Different types of Allegheny Pennsylvania Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include: 1. Exclusive Agreement: This type of agreement grants exclusivity to the real estate salesman, restricting them from working with other loan brokers during the contract period. It ensures a dedicated and committed collaboration between the parties involved. 2. Non-Exclusive Agreement: A non-exclusive agreement allows the real estate salesman to work with multiple loan brokers simultaneously. This type of agreement provides more flexibility and freedom in finding suitable financing options for clients. 3. Commission-Based Agreement: This type of agreement establishes the payment structure for the real estate salesman. It outlines the commission percentage or fee they are entitled to for successfully closing real estate deals facilitated by the loan broker. 4. Length of Agreement: The length of the agreement can vary, ranging from a fixed term (e.g., one year) to an open-ended arrangement. The duration is clearly stated in the agreement, ensuring both parties are aware of their commitment timeframe. 5. Termination Clause: This clause outlines the conditions under which the agreement can be terminated by either party. It includes provisions for notice periods, breach of contract, or mutual agreement termination, ensuring a fair and equitable termination process. 6. Confidentiality Clause: This clause ensures that any confidential or proprietary information shared between the parties within the scope of their collaboration remains confidential and protected. It safeguards sensitive client information and trade secrets. 7. Dispute Resolution: This section specifies the mechanism for dispute resolution, such as arbitration or mediation, in case any conflicts or disagreements arise between the real estate salesman and the loan broker. It provides a structured approach to resolving disputes and avoiding costly litigation. Keywords: Exclusive Agreement, Non-Exclusive Agreement, Commission-Based Agreement, Length of Agreement, Termination Clause, Confidentiality Clause, Dispute Resolution, real estate deals, financing options, payment structure, committed collaboration, flexible arrangement, notice periods, breach of contract, mutual agreement termination, sensitive client information, trade secrets, structured approach, resolving disputes.Allegheny Pennsylvania Real Estate Salesman Independent Contractor Agreement with Real Estate Loan Broker is a legally binding document governing the relationship between a real estate salesperson and a loan broker in the Allegheny County area of Pennsylvania. This agreement outlines the terms and conditions of their collaboration, ensuring clarity and protection for both parties involved. In this agreement, the independent contractor status of the real estate salesman is highlighted, emphasizing that they are not an employee but rather an independent entity working on a contract basis. It establishes the obligations and responsibilities of the real estate salesman and the loan broker, ensuring transparency and professionalism in their dealings. Keywords: Allegheny Pennsylvania, real estate salesman, independent contractor, agreement, real estate loan broker, legally binding, relationship, terms and conditions, collaboration, clarity, protection, independent entity, contract basis, obligations, responsibilities, transparency, professionalism Different types of Allegheny Pennsylvania Real Estate Salesman Independent Contractor Agreements with Real Estate Loan Brokers may include: 1. Exclusive Agreement: This type of agreement grants exclusivity to the real estate salesman, restricting them from working with other loan brokers during the contract period. It ensures a dedicated and committed collaboration between the parties involved. 2. Non-Exclusive Agreement: A non-exclusive agreement allows the real estate salesman to work with multiple loan brokers simultaneously. This type of agreement provides more flexibility and freedom in finding suitable financing options for clients. 3. Commission-Based Agreement: This type of agreement establishes the payment structure for the real estate salesman. It outlines the commission percentage or fee they are entitled to for successfully closing real estate deals facilitated by the loan broker. 4. Length of Agreement: The length of the agreement can vary, ranging from a fixed term (e.g., one year) to an open-ended arrangement. The duration is clearly stated in the agreement, ensuring both parties are aware of their commitment timeframe. 5. Termination Clause: This clause outlines the conditions under which the agreement can be terminated by either party. It includes provisions for notice periods, breach of contract, or mutual agreement termination, ensuring a fair and equitable termination process. 6. Confidentiality Clause: This clause ensures that any confidential or proprietary information shared between the parties within the scope of their collaboration remains confidential and protected. It safeguards sensitive client information and trade secrets. 7. Dispute Resolution: This section specifies the mechanism for dispute resolution, such as arbitration or mediation, in case any conflicts or disagreements arise between the real estate salesman and the loan broker. It provides a structured approach to resolving disputes and avoiding costly litigation. Keywords: Exclusive Agreement, Non-Exclusive Agreement, Commission-Based Agreement, Length of Agreement, Termination Clause, Confidentiality Clause, Dispute Resolution, real estate deals, financing options, payment structure, committed collaboration, flexible arrangement, notice periods, breach of contract, mutual agreement termination, sensitive client information, trade secrets, structured approach, resolving disputes.
